Will I be denied

[geowrian 22,338]

You claimed to be married. Now you claim to not be married, but no divorce/annulment/death/etc. occurred. This is going to be a very tough explanation.

A marriage can be recognized as legal in some cases even if it is not registered.

 

What exact was the "marriage" ceremony you did? Does society refer to you as being married as a result of that ceremony? Did you ever claim your marital status on any forms (not just with US immigration)?

Edited August 18, 2019 by geowrian

[JFH 12,191]

I see problems ahead. 

[Just Paul 4,595]

15 minutes ago, JFH said:

I see problems ahead. 

I wonder what is on the child's birth certificate.  Do they list the father and martial status?

[SusieQQQ 11,587]

4 hours ago, Paul & Mary said:

 

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Ghana.html

It’s really worth reading this section, for many countries there is not much on marriage other than the basics, and there is often some grey area between customary and legal marriage, but they are very detailed and specific for Ghana about the various marriage forms, and then there’s this:

 

Comments: Most marriages in Ghana are performed under customary law, and written records are kept only if the couple chooses to register the marriage with the local registrar. Many Ghanaians misconstrue the traditional marriage ceremony as an “engagement.” However, under Ghanaian marriage law, once a “bride price” has been paid, the traditional marriage becomes recognized and lawful.  

[designguy 1,179]

The bottom line is that you will need to disclose your wedding ceremony to the consular officer. If you don’t it would be a material misrepresentation as per the US government, they consider ghanian marriages legal even if not registered as pointed out by @SusieQQQ

 

You are in a very grey zone at the moment and no one here will be able to tell you concretely what will happen as it will be up to the Consular Officer to decide. But personally I don’t think your situation bodes well for the CO qualifying you for an F1

[Divinepath 13]

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

[Divinepath 13]

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

[jdaveh 58]

52 minutes ago, Lee1303 said:

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

So now you are planning on lying to the consulate ?

[Daphne . 1,917]

56 minutes ago, Lee1303 said:

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

The only way not to tell the CO would be if he/she does not ask I think... And seeing that the condition for your visa is to be unmarried, I am pretty sure that he/she will ask..

So your plan is in case the CO asks you if you are married to reply "no"? Would that be the truth? 

Edited August 18, 2019 by Daphne K

[designguy 1,179]

1 hour ago, Lee1303 said:

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

The chance of the CO asking is very high and you must tell them the truth. If you lie your greencard can be revoked and you will receive a ban from the US. As stated before your Traditional Marriage counts as a marriage in the eye of the US immigration system. You are from a high risk country so the COs will be very thorough

[p-ana 933]

One of the questions on the ds260 is your marital status. Are you going to lie?

[dwheels76 5,469]

2 hours ago, Lee1303 said:

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

But you know you are married under Ghanaian law. A traditional makes you very married. Let's not play the for "Immigration purposes". You are married a signed piece of paper just makes it legal.

 

You are admitting  that you will now lie on your Visa application (DS-260) that you are single. This is a mess. You roll the dice and see what happens.

[Lucky2Lucky 2,526]

54 minutes ago, dwheels76 said:

But you know you are married under Ghanaian law. A traditional makes you very married. Let's not play the for "Immigration purposes". You are married a signed piece of paper just makes it legal.

 

You are admitting  that you will now lie on your Visa application (DS-260) that you are single. This is a mess. You roll the dice and see what happens.

This is also what gives those who use family based visas a “bad name”. Clearly trying to game the system. 

[iwannaplay54 985]

20 hours ago, Lee1303 said:

please my father filed a petition for me under FB1 ( unmarried son or daughter of a US Citizen above 21) I have a child now but I am not married. It’s time for my interview. Will I be denied a visa because I have a child? And if I am not denied can I migrate to the US with my child?

The petition was automatically invalidated when you got married.  A subsequent divorce does not revive it.  You are ineligible to receive a visa.

 

[Allaboutwaiting 2,503]

You should have informed NVC when you got married. Now you must notify the embassy/consulate. 

By marrying, you went from first preference to third preference, so that affects the visa availability -and therefore, the date when you could actually receive a visa and immigrate-. (This applies just when the petitioner is a US citizen).

 

Classification conversion

"There are some instances in which a petition filed and approved under one classification automatically converts to a new category due to circumstances that occurred since filing."

 

Edited August 18, 2019 by Allaboutwaiting